A. 
The following regulated activities are specifically exempt from the SWM site plan preparation and submission requirements articulated in § 270-31A and Articles IV and V of this chapter:
(1) 
Agricultural activity (see definitions) provided the activities are performed according to the requirements of Chapter 102.
(2) 
Forest management and timber operations (see definitions) provided the activities are performed according to the requirements of Chapter 102.
(3) 
Conservation practices being installed as part of the implementation of a conservation plan written by an NRCS-certified planner.
(4) 
The installation of 1,000 or fewer square feet of impervious surface coverage proposed after June 21, 2006; provided that the activities meet the criteria of § 270-51C below and are conducted in accordance with all requirements of this chapter.
(5) 
Domestic landscape and/or vegetable gardening.
(6) 
Installation of additional impervious surface coverage on a lot where all of the following conditions have been met:
(a) 
The lot has a previously approved SWM site plan which included SWM facilities to handle such future impervious surface coverage.
(b) 
The SWM facilities on the approved SWM site plan were installed and inspected and approved by the Township Engineer.
(c) 
The Township approved the SWM site plan not more than five years before the application to add the impervious surface coverage was submitted to the Township or, if the Township approved the SWM site plan more than five years before the application to add the impervious surface coverage was submitted to the Township, there have been no amendments to the design standards of this chapter between the date of approval of the SWM site plan and the submission of the application to add impervious surface coverage.
B. 
The Township may deny or revoke any exemption pursuant to this section at any time for any project that the Township believes may pose a threat to public health, safety, property or the environment.
C. 
An applicant proposing the cumulative installation of 1,000 square feet or less of impervious surface coverage may be exempt from the design, plan submittal, and processing requirements of Articles III, IV, and V of this chapter if the proposal meets the criteria in the § 270-51C. No person or activity is exempted from compliance with § 270-65 and Articles VII, VIII, and IX of this chapter.
(1) 
Any applicant desiring exemption from design, plan submission, and plan processing requirements shall complete an application for exemption in the form set forth in Appendix A-1[1] and pay any applicable filing fee.
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
(2) 
The applicant for exemption under this § 270-51C shall provide the Township with all information necessary for the Township to determine that:
(a) 
There shall be no disturbance of land within floodplains, wetlands, environmentally sensitive areas, riparian forest buffers, or slopes greater than 15%.
(b) 
No impervious surface coverage shall be installed and no grading or excavation shall be conducted within any existing drainage or stormwater easement created by or shown on any recorded plan.
(c) 
The applicant shall minimize soil disturbance, take steps to minimize erosion during construction activity, and promptly reclaim all disturbed areas with topsoil and vegetation.
(d) 
The applicant shall take steps that runoff be directed to pervious areas on the subject property. No runoff shall be directed onto an abutting street or neighboring property.
(e) 
The proposed impervious surface shall not adversely impact any existing known problem areas or downstream property owners or the quality of runoff entering any municipal separate storm sewer system.
(f) 
The proposed impervious surface shall not create accelerated erosion.
(3) 
If the proposed activity does not meet all of the criteria set forth in § 270-51C(2) above, the applicant shall follow the small project processing procedure in § 270-52A.
(4) 
No applicant and no activity is exempt from complying with any state or federal requirements applicable if the subject property is located in a high quality (HQ) or exceptional value (EV) watershed.
(5) 
No applicant and no activity shall violate or cause to be violated the Federal Clean Water Act or any regulation issued thereunder, an NPDES permit, any recorded stormwater management or operations and maintenance agreement, or any requirement applicable to a municipal separate storm sewer system.
A. 
Small projects.
(1) 
Anyone proposing a small project shall submit four copies of the small project application to the Township.
(2) 
A complete small project application shall include:
(a) 
Small project application form (Appendix A).[1]
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
(b) 
Small project sketch plan including the following:
[1] 
Name and address of landowner (and/or) developer.
[2] 
Date of small project application submission.
[3] 
Name of individual and/or firm that prepared the sketch if different than the landowner and/or developer.
[4] 
Location and square footage of proposed impervious area or land disturbance.
[5] 
Approximate footprint and location of all structures on adjacent properties if located within 50 feet of the proposed impervious area or land disturbance.
[6] 
Approximate location of existing stormwater management facilities if present.
[7] 
Location and description of proposed SWM facilities.
[8] 
Direction of proposed stormwater discharge (e.g., with arrows).
[9] 
Scale and North arrow.
(c) 
Filing fee (in accordance with the Township's current fee schedule).
(3) 
The small project application shall be submitted in a format that is clear, concise, legible, neat and well organized.
(4) 
Landowners where the small project is located will be required to execute a stormwater management agreement in the form set forth in Appendix E.[2]
[2]
Editor's Note: Said appendix is included as an attachment to this chapter.
B. 
Development sites containing agricultural activities with conservation plan.
(1) 
Where a development site is located within the Agricultural Zone (A) or the Conservation Zone (C) and has an implemented conservation plan verified by the Conservation District, the submission of proof of the implemented conservation plan shall be considered compliance with this chapter for installation of impervious surface coverage where all of the following criteria are met.
(2) 
For a parent tract containing not less than 10.5 acres to 20 acres, cumulative new impervious areas of 10,000 square feet or less if the minimum distance between the proposed impervious area and/or SWM facility discharge point to the downslope property line of the parent tract is at least 100 feet. In lieu of meeting the minimum distance criteria, the applicant may provide documentation from a qualified person that the stormwater flows from the parent tract leave the parent tract in the same manner as the predevelopment condition and that there will be no adverse effects to adjacent property or that the flows reach a natural drainageway or existing SWM facility before affecting adjacent property.
(3) 
For a parent tract containing not less than 20 acres, cumulative new impervious areas of 20,000 square feet or less if the minimum distance between the proposed impervious area and/or SWM facility discharge point to the downslope property line of the parent tract is at least 250 feet. In lieu of meeting the minimum distance criteria, the applicant may provide documentation from a qualified person that the stormwater flows from the parent tract leave the parent tract in the same manner as the predevelopment condition and that there will be no adverse effects to adjacent property or that the flows reach a natural drainageway or existing SWM facility before affecting adjacent property.
(4) 
An applicant for processing under this § 270-52B shall provide the Township with information to demonstrate there shall be no disturbance of land within floodplains, wetlands, environmentally sensitive areas, riparian forest buffers, or slopes greater than 15%.
Applicants are encouraged to schedule a pre-application meeting to review the overall stormwater management concept with Township staff/engineer. The pre-application meeting is not mandatory and shall not constitute formal filing of a plan with the Township. Topics discussed may include the following;
A. 
Available geological maps, plans and other available data.
B. 
Findings of the site analysis including identification of any environmentally sensitive areas, wellhead protection areas, riparian corridors, hydrologic soil groups, existing natural drainageways, karst features, areas conducive to infiltration to be utilized for volume control, etc.
C. 
Results of infiltration tests.
D. 
Applicable provisions of Chapter 285, Subdivision and Land Development, and Chapter 340, Zoning.
E. 
The conceptual project layout, including proposed structural and nonstructural BMPs.
A. 
When a SWM site plan is required, the applicant shall submit the following to the Township:
(1) 
Six copies to the SWM site plan prepared in accordance with the requirements of Article IV of this chapter.
(2) 
Two copies of all supplemental data.
(3) 
A filing fee (in accordance with the Township's current fee schedule).
B. 
The SWM site plan shall be submitted in a format that is clear, concise, legible, neat and well organized.
C. 
The applicant is responsible for submitting plans to any other agencies such as the Conservation District, PennDOT, DEP, etc., when permits from these agencies are required. Final approval shall be conditioned upon the applicant obtaining all necessary permits.
D. 
Incomplete submissions, as determined by the governing body or its designee, shall be returned to the applicant within seven days, along with a statement that the submission is incomplete, and stating the deficiencies found. Otherwise, the application shall be deemed accepted for filing as of the date of submission. Acceptance of the application shall not, however, constitute an approval of the plan or a waiver of any deficiencies or irregularities. The applicant may appeal the Township's decision not to accept a particular application in accordance with § 270-94.
E. 
At its sole discretion and in accordance with this article, when a SWM site plan is found to be deficient, Warwick Township may either disapprove the submission and require a resubmission, or, in the case of minor deficiencies, Warwick Township may accept submission of revisions.
A. 
When the regulated activity constitutes a Subdivision or Land Development, the SWM site plan and Subdivision/Land Development Plan shall be processed concurrently according to the plan processing procedure outlined in Chapter 285.
B. 
When the regulated activity constitutes a small project the Township shall review and take action on the small project application within 45 days of filing.
C. 
When the regulated activity does not constitute a subdivision or land development or small project the Township Engineer shall review the SWM site plan for conformance with the provisions of this chapter.
D. 
Following receipt of the Township Engineer's report and within 90 days following the date of the first regular meeting of the Board of Supervisors after the date the application is filed, the Board of Supervisors will schedule the SWM site plan application for action at a regularly scheduled public meeting.
E. 
Within 15 days of the meeting at which the SWM site plan application is acted upon by the Board of Supervisors, written notice of the Board of Supervisors' action shall be sent to the following individuals:
(1) 
Landowner or his agent.
(2) 
Applicant.
(3) 
Firm that prepared the plan.
F. 
If the Township disapproves the SWM site plan, the Township will state the reasons for the disapproval in writing. The Township also may approve the SWM site plan with conditions and, if so, shall provide the acceptable conditions for approval in writing. Such conditional approval shall be contingent upon the applicant's written acceptance of the conditions.
A. 
Revisions to a SWM site plan after submission but before action shall require a resubmission of the modified SWM site plan consistent with § 270-54 and be subject to review as specified in § 270-55.
B. 
For the purposes of review deadlines, each resubmission required under § 270-56A (after submission but before approval) shall constitute a new submission for the purposes of time limits as set forth in the MPC and this chapter.
C. 
Any substantial revisions to a SWM site plan after approval shall be submitted as a new plan to the Township accompanied by the applicable review fee.
A. 
A financial security (bond, restricted account or letter of credit) for stormwater-related improvements shall be supplied by the developer in conjunction with the subdivision/land development approval, or in conjunction with the SWM site plan approval if no subdivision/land development plan is required.
B. 
The applicant shall provide a financial security to the Township for the timely installation and proper construction of all SWM facilities, including E&S BMPs, as required by the approved SWM site plan and this chapter and, as applicable, in accordance with the provisions of Sections 509, 510, and 511 of the MPC.
C. 
Where required, the developer shall file with the Board of Supervisors financial security in an amount sufficient to cover the costs of all stormwater management facilities required by this chapter. Without limitation as to other types of financial security which the Township may approve, which approval shall not be unreasonably withheld, federal or commonwealth chartered lending institution irrevocable letters of credit and restrictive or escrow accounts in such lending institutions shall be deemed acceptable financial security. Such financial security shall be posted with a bonding company or federal or commonwealth chartered lending institution chosen by the developer provided said bonding company or lending institution is authorized to conduct such business within the commonwealth. Such bond, or other security, shall provide for, and secure to the public, completion of all stormwater management facilities within one year of the date fixed on the final approved plan for such facilities. The amount of financial security shall be equal to 110% of the cost of the required facilities for which financial security is to be posted. The cost of the facilities shall be established by submission to the Board of Supervisors of a bona fide bid or bids from the contractor or contractors chosen, the developer to complete the facilities, or in the absence of such bona fide bids, the cost shall be established by estimate and approved by the Township. If the developer requires more than one year from the date of posting of the financial security to complete the required facilities, the amount of financial security may be increased by an additional 10% for each one-year period beyond the first anniversary date from posting of financial security, or to an amount not exceeding 110% of the cost of completing the required facilities, as reestablished on or about the expiration of the preceding one-year period by using the above bidding procedure.
D. 
In the case where development is projected over a period of years, the Board of Supervisors may authorize submission of stormwater management plan applications by section or stages of development subject to such requirements or guarantees as to stormwater management facilities in future sections or stages of development as it finds essential for the protection of any finally approved section of the development.
E. 
As the work of installing the required SWM facilities proceeds, the party posting the financial security may request the Board of Supervisors to release or authorize the release of, from time to time, such portions of the financial security necessary for payment to the contractor or contractors performing the work. Any such requests shall be in writing addressed to the Board of Supervisors, and the Board of Supervisors shall have 45 days from receipt of such request within which to allow the Township Engineer to certify, in writing, to the Board of Supervisors that such portion of the work upon the SWM facilities has been completed in accordance with the approved SWM site plan. Upon such certification the Board of Supervisors shall authorize release by the bonding company or lending institution of an amount as estimated by the Township Engineer fairly representing the value of the SWM facilities completed. The Board of Supervisors may, prior to final release at the time of completion and certification by its Engineer, require retention of 10% of the estimated cost of the aforesaid SWM facilities.
F. 
Schedule of inspections.
(1) 
During the construction of the development, the Township Engineer or other authorized Township official may inspect the premises to determine that the work is progressing in compliance with the information provided on the approved SWM site plan and with all applicable Township laws and ordinances.
(2) 
The cost for the conducting of inspections by the Township Engineer or other authorized Township official shall be borne by the developer in accordance with the inspection fee adopted by resolution of the Board of Supervisors.
(3) 
In the event the Township Engineer or other authorized Township official discovers that the work does not comply with the approved SWM site plan or any applicable laws or ordinances, the developer shall take all actions necessary to bring the work into compliance with the approved SWM site plan or other applicable laws or ordinances.
(4) 
If, at any stage of the work, the Township Engineer or authorized official determines that the soil or other conditions are not as stated or shown in the approved application, or that there has been a false statement or misrepresentation by the developer, the Township Engineer or authorized official may refuse to approve further work until a revised plan is submitted and approved, as required by § 270-82.
G. 
Final inspection.
(1) 
When the developer has completed all the required facilities, he shall notify the Township in writing by certified or registered mail, and shall send a copy of such notice to the Township Engineer. The Township shall, within 10 days after receipt of such notice, authorize the Township Engineer to inspect the required facilities. The Township Engineer shall promptly file a report, in writing, with the Township and shall mail a copy of the report to the developer by certified or registered mail. The report shall be made and mailed within 30 days after receipt by the Township Engineer of the aforesaid authorization by the Township.
(2) 
Based on the report of the Township Engineer, the Township shall indicate approval or rejection of the stormwater management facilities, either in whole or in part; and if not approved, state reasons for the rejection. The Township shall immediately notify the developer, in writing by certified or registered mail, of its actions.
(3) 
If any portion of said improvements is not approved or are rejected by the Township, the developer shall proceed to complete the same and, upon completion, the same procedure of notification outlined herein shall be followed.
H. 
In the event that any SWM facilities which may be required have not been installed as provided in the approved SWM site plan the Board of Supervisors of Warwick Township is hereby granted the power to enforce any corporate bond, or other security by appropriate legal and equitable remedies. If proceeds of such bond, or other security are insufficient to pay the cost of installing or making repairs or corrections to all the SWM facilities covered by said security, the Board of Supervisors of Warwick Township may, at its option, install part of such SWM facilities and may institute appropriate legal or equitable action to recover the monies necessary to complete the remainder of the SWM facilities. All of the proceeds, whether resulting from the security or from any legal or equitable action brought against the developer, or both, shall be used solely for the installation of the SWM facilities covered by such security.
Approval of a SWM site plan shall be valid for a period not to exceed five years. This time period shall commence on the date that the Township approves the SWM site plan. If an as-built plan as required by § 270-59 has not been submitted within the specified time period, then the Township may consider the SWM site plan disapproved and may revoke any and all permits issued by the Township. SWM site plans that are considered disapproved by the Township may be resubmitted in accordance with Article IV.
A. 
Upon completion of the plan improvements and prior to the release of financial security, the applicant shall submit an as-built plan to the Township. The as-built plan must show the final design specifications for all stormwater management facilities and be sealed by a registered professional engineer.
B. 
Review by Township Engineer.
(1) 
The As-Built Plan shall be reviewed by the Township Engineer to verify the plan includes all of the stormwater management facilities on the subject property and the facilities are shown at the correct location.
(2) 
The Township Engineer shall either approve the as-built plan or identify corrections required.
(3) 
If the Township Engineer identifies corrections required to the as-built plan, the applicant shall submit a revised as-built plan to the Township addressing the corrections.
C. 
Following approval of the as-built plan by the Township Engineer, the applicant shall submit the SWM site plan for recordation in the Office of the Recorder of Deeds.
D. 
Digital inventory.
(1) 
When required. A digital inventory shall be submitted following approval of the as-built plan by the Township Engineer if the project includes any of the following:
(a) 
SWM facilities which are offered for dedication to the Township.
(b) 
SWM facilities which connect to or alter any portion of the Township's MS4.
(c) 
BMPs included on a NPDES permit for which the Township is required to keep an inventory under the Township's MS4 permit.
(2) 
Digital inventory requirements.
(a) 
The digital inventory shall be in an electronic format acceptable to the Township Engineer.
(b) 
The digital inventory shall include all information included and shown on the approved as-built plan.
(c) 
All coordinates as depicted on the plan shall be based on the PA South Zone State Plan Coordinate System (NAD83 for horizontal and NAVD88 for vertical).